Kasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2024 CORAM :
THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ Kasi .. Petitioner Vs 1.The District Collector, Collectorate, Dharmapuri Pin:636 705.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Harur, Dharmapuri District, Pin:636 903.
3.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Near Sengundhar Thirumana Mandapam, Dharmapuri.
5.Duraisamy .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove the encroachment as found in S.Nos.68/1A1 at H.Pudupatti Village, Pappireddipatti Taluk, Dharmapuri District. For the Petitioner : Mr.J.Pradeep For the Respondents : Mr.C.Kathiravan Spl. Government Pleader for respondents 1 to 3 : Mr.N.R.R.Arun Natarajan Spl. G.P. (HR & CE) for respondent No.4
ORDER
(Order of the Court was made by R.MAHADEVAN,J.) Alleging that the fifth respondent has put up encroachment in the land comprised in Survey No.68/1A1, H.Pudupatti Village, Dharmapuri District, the petitioner sent a series of representations to the respondent authorities. As the said representations did not evoke any response, the present writ petition is filed.
2. Learned Special Government Pleader appearing on behalf of respondents 1 to 3 submits that a survey of the land in question
would be conducted by the authorities concerned in the presence of the petitioner and the fifth respondent and if it is found that there are encroachments, then action would be taken in accordance with law for removal of the encroachment.
3. In the light of the said submission, the writ petition is disposed of with a direction to the respondent authorities to consider the representations of the petitioner dated 10.2.2023 and 12.6.2023 and conduct a survey of the land in question in the presence of the petitioner and the fifth respondent and thereafter take appropriate action, in accordance with law, if any encroachments are found. The entire exercise shall be completed by the respondent authorities within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :
No No sasi To
1.The District Collector, Collectorate, Dharmapuri Pin:636 705.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Harur, Dharmapuri District, Pin:636 903.
3.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Near Sengundhar Thirumana Mandapam, Dharmapuri.
R.MAHADEVAN,J.
AND MOHAMMED SHAFFIQ,J.
(sasi) 28.02.2024